But I got to the answer quickly enough. Senator Mike Lee tweeted this:
Just heard that Mayor Bowser is kicking the Utah National Guard out of all DC hotels tomorrow. More than 1200 troops from 10 states are being evicted. This is unacceptable. 1/2
— Mike Lee (@SenMikeLee) June 5, 2020
These brave men and women have risked their lives protecting DC for three days. Rioting, looting, arson, and vandalism have all disappeared bc these soldiers served. And now they are being kicked to the curb by an ungrateful mayor. This must be stopped. 2/2 pic.twitter.com/YYyctKvUqN
— Mike Lee (@SenMikeLee) June 5, 2020
Twitter users piled on. I'm reading things like:
1. "You Republican Senators should really try reading the Constitution once, instead of just using it for toilet paper. The Third Amendment prohibits the government from quartering troops over objections, you fascist cheese biscuit."And this is a comic meme I'm seeing in a lot of versions — I'm just picking one:
2. "It’s called the Third Amendment, and as a lifetime member of the National Anti Quartering Association they can sleep in my house when they take it from my cold, dead hands."
3. "All my old law professors who have been waiting forever to talk about the Third Amendment: your moment has finally arrived. Enjoy yourselves."
The Third Amendment of the Constitution rolling into 2020 like pic.twitter.com/i821kuPolk
— Markus T. (@mjtarjamo) June 5, 2020
Posts
89 comments:
So Mike Less saying she shouldn't do it is...fascist?
The 'leaders' of this country, and by that I mean those who run our worst cities and states (Pritzker, Cuomo, Whitmer, Newsom, Murphy, etc.) are allowing this 'revolution' to take place. They are condoning- helping the destroyers take apart our country. Along with our media, academia, and other politicians, they have been working to destroy the very fabric of this country for years. Now it's the physical structure they are taking apart.
And our 'leaders' are giving approval from coast to coast.
They are going to have their revolution. But it's not the one they're expecting.
Pull the National Guard out of all 'riot' situations, today.
Police: go on strike. Today.
Now: air-drop hundreds of single Nike shoes into the cities.
That should do it for awhile.
I am Laslo.
If we parse the third the way some parse the second, it says without consent of the owner, not the mayor or a Hawaiian judge or a WaPo editor. Also a hotel is not a house- just ask any Monoploy champion.
Nice that Americans are learning their Constitution with assist from Lawfare lawyers.
Is this a correct interpretation of the 3rd amendment: that active members of the military are prohibited from staying in hotels?
The Mayor owns all those hotels?
Does mayor own the hotels?
Are the owners unpaid?
This is nuts. First of all, the hotels are EMPTY because there is zero tourism right now. Second, the hotel are being compensated, I am 100% sure, for the rooms they are allowing the troops to use. I am 100% sure because I've been hearing throughout the coronapocalypse from a New Orleans local how much $$$ the convention center is getting from the Feds for using it as an emergency field hospital or COVID staging center or whatever they're using it for now. I would expect the hotels would WANT the guardsmen there because at least they're getting some revenue when otherwise they wouldn't.
Normal people LIKE secure streets and lack of riots. I know the MSM is not reporting on the rioting much at all, though, and are lying about what they do report, like the "tear gassing a peaceful protest for a photo op" story the other day. I've seen enough video to know that the MSM is lying its ass off, but I wonder how much the average person realizes. I am shocked (and I thought myself well beyond that, but here I am) at the sheer scale of the mendacity. They literally have no shame and do whatever they want to shape the narrative to make every single thing Trump does look bad.
I just hope it comes back to bite them eventually. I know their ratings *were* in the gutter before Trump came into politics, but how is it now? Do people actually believe the lies they are peddling?
"Rioting, looting, arson, and vandalism have all disappeared bc these soldiers served."
And that's why they have to go.
I'd be careful about accusing Mike Lee of knowing nothing about the constitution. His father is (was) Rex E. Lee. Mike probably learned more about the Constitution sitting around the dinner table or in the back seat of his family's car, than most Senators will ever know from the library.
A quick read of the Third Amendment and that of a brief analysis indicates to me that the stationing of troops in DC hotels isn't a violation.
"Restricts the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime."
What am I missing?
I love all of the lefties on Twitter suddenly finding the constitution. She can kick them out, the city will burn and it's her citizens that will be hurt. Will that cause a vote for local change? Let's hope.
So the federal govt buying hotel space in DC is the same as forcing citizens to house troops? What an f'ed up country we've become.
Quartering occurred in private residences and was a forced occupation without compensation, and the 3rd Amendment actually says "house." These hotels and open to the public, and the mayor is forcing them to refuse service to a class of customers. Any hotelier could sue the mayor over this, but none will. That would be commercial suicide in D.C.
Under leftie rules Trump should declare DC a sanctuary for soldiers and 'legally' defy any law or order from any mayor or hawaiian judge.
There should be a show on TV where liberals explain parts of the Constitution.
They can call it: Kids Say the Darndest Things.
Set up tents on the streets. Or use those mobile homes Bush bought for some hurricane survivors that nobody wanted.
Wait, I thought the Constitution was a racist document we should discard.
Then again, I can see how a prog might make the Third Amendment come alive:
Clearly, "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law," gives the mayor of a town the authority to prohibit private owners of hotels from renting rooms to soldiers.
""Restricts the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime."
What am I missing?"
-- Honestly, if this qualifies, I wonder how the government can send people on TDY.
Like I have been saying....let them burn their cities down. I don't give a shit anymore. Come and get me...I'll be waiting.
So, they oppose providing food, water, and shelter to people who help them.
So Mike Less saying she shouldn't do it is...fascist?
He's using empathetic force: help people who help you. No! Never!
Declare war on Vanilla ISIS.
Bowser is ordering "no quarter" for soldiers in DC hotels?
Just yesterday I heard that was a "war crime".
That nails it.
This kind of blinkered ignorance and smug self righteous posturing proves that the AI in charge of this Simulation has finally given up on trying to make this world believable.
Just kick out the National Guard members who are wearing Hawaiian shirts. According to Inga, Hawaiian shirts are the uniform of the Bugaloo Boies who are surreptitiously fomenting insurrection. While wearing loud "uniforms" to maintain their anonymity in the crowds. Hawaiian shirts in DC. Makes them as difficult to spot. Kind of like Antifa. According to Inga.
Put them in the Trump hotel, and that will trigger cries of Emoluments!!!!! Emoluments!!!
Plan in DC is same as it ever was
Embarrassing Trump
Huge riot on weekend
They can say he was in bunker
Holding Bible like Hitler
"It's better to keep your mouth shut and appear stupid than open it and remove all doubt." -- Mark Twain
Twitter is the sound of a million open mouths flapping simultaneously.
rahjam If we parse the third the way some parse the second, it says without consent of the owner, not the mayor or a Hawaiian judge or a WaPo editor. Also a hotel is not a house- just ask any Monoploy champion.
Exactly !!! Without the consent of the owner is the key concept. I doubt that the hotels are NOT being compensated by the government for the rooms.(but I don't know...anyone know?)
Having occupied rooms right now with all the Covid scare....(isn't that passe now).....is a great thing. Most hotels and motels are desperate for paying guests. Having occupied rooms with a bunch of people who are also armed and willing to protect your hotel is a BONUS!
Objections by anyone else to the occupancy are immaterial as long as the Owners of the property are satisfied.
I will go with "Because the ignorance and perfidity of the left has no limits."
Is anyone actually fleshing out a Third Amendment argument, or is it all just chanting of magic buzzwords, like when people who failed high school math were chanting "exponential growth" at us?
Do lawyers find that kind of thing as irritating as I found the misused math buzzwords?
Gee, who [what party] runs DC?
Least you forget, NY is telling all out of state medical workers who rushed to NY to help that they have to pay NY income tax on any money they earned while in NY regardless of if that money was paid to them by NY companies. "nonresidents who work in the state for more than 14 days must pay state income taxes." Gee, who [what party] runs NY?
I am sensing a trend here.
It is ALMOST like these folks don't really want any help and don't really want any of this to end...
Given that the District is actually under the ultimate authority of Congress I wonder if the mayor actually has the legal authority to issue this order. Congress could shut down the city government tomorrow if it wanted to.
The mayor would have a good point IF the Guard were being involuntarily housed in HIS home....
3rd: "...without the consent of the Owner,...".
Or does the Mayor own all the hotels in DC?
The prohibition against the "quartering of troops, was written into the Bill of Rights writted 1787-1788. The protection of citizens private property, against the power of the government(think, King). It did not mean sleeping in you house as a few troops marched by.
It was protection against Troops showing up at your farm, taking over the barns, hay stacks, grainarys, and wells, to take care of the troops horses, and mules.
Taking over the gardens and chicken house, the dairy cows. Killing a few hogs and the fatted calf. Think of an extended stay. 3 to 5 days.
What was it Reagan said. 'the left knows about lots of things, unfortunately, so much of what they know, is wrong.
Anyway, this gets any stragglers in the military not happy with Presidents Trumps tweets, back to fully supporting the President
Ok, here is Reagans quote. "“It isn't so much that liberals are ignorant. It's just that they know so many things that aren't so.”
NPR, so take with a big lump of salt:
"The Marriott Marquis is partially funded by D.C. taxpayers. The Guard says it is paying the government rate, which is reportedly around $250 per diem in the District. Marriott has not responded to a request for comment.
Mayor Muriel Bowser's office has not responded to a request for comment, though Bowser doesn't actually have much control over when and where National Guard troops are sent into the District."
"The question is," said Alice, "whether you can make words mean so many different things." "The question is," said Humpty Dumpty, "which is to be master—that's all."
Judging simply from her performance, Mayor Bowser hasn't slept in a Holiday Inn Express for decades.
So the hotel is fine with them and the Mayor is demanding they leave. I'm not a lawyer, but I'm not seeing a Third Amendment issue here. Ah forget it, it is DC.
Mayor Bowser hasn't slept in a Holiday Inn Express for decades.
50 shades of Swaziland, where charity and redistributive change fill in the missing links.
DC, NY... It is ALMOST like these folks don't really want any help and don't really want any of this to end...
After 16 trimesters of witch hunts and warlock trials, it would be bad for their business, social and political leverage.
Ingratitude may be Constitutionally protected, but that doesn't make it admirable.
I’m not a lawyer. But claiming a mayor has a third amendment “right” to kick NG soldiers out of “her” city sounds like a weak and unsubstantiated argument built on a dumb take. Who exactly is being forced to quarter troops? Is this rebated to Howard’s “no quarter” burpfart he posted yesterday?
Clearly, military service/veteran status should be added to DC's anti-discrimination law.
there is too much stupid, and self destructive behavior,
clint said...
Is anyone actually fleshing out a Third Amendment argument, or is it all just chanting of magic buzzwords, like when people who failed high school math were chanting "exponential growth" at us?
Do lawyers find that kind of thing as irritating as I found the misused math buzzwords?
------------===========
are you saying lawyers don't just chanting of magic buzzwords
How many troops can Trump's hotel in DC accommodate?
This is DC we are talking about : Are rights of Americans safe in that venue? whether or not Congress in session!
This suggests non sequitur should be trending.
In the link from the NPR article the description of why the District "owns" part of the hotel (it actually says they helped fund it, it did not say they ought ownership) the local official said," “While it’s not the ideal result, in these tough economic times we can now look forward to revitalizing the Shaw neighborhood and putting District residents to work.”
Apparently revitalization and employment has fallen off the table as issues.
Blue America is attacking every symbol that Red America prizes, even if it means poverty and suffering for the blues. That’s how much they hate you, Red America.
Typical lefties they ignore 1st & 2nd amendment and seize on the 3rd to score meaningless points then go back to ignoring "this like 100 year old document or something"
The Third Amendment: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
That's it. Nothing else.
Mayor Muriel Bowser deeds, assuming these are deeds and not bluster, having nothing to do with the Third Amendment except in her fevered imagination because:
1) A hotel is not a house, otherwise, the 1964 Civil Rights Act is unconstitutional. Whereas a hotel may not refuse admission to a negro based on his race, nothing in the CRA compels a citizen to do the same regarding his private dwelling, i.e. a house.
2) However, assuming for argument's sake a hotel is a house, by accepting payment the management of those hotels have consented to the quartering of troops, thus negating the Third Amendment objection.
3) Muriel Bowser is not the owner of any of those hotels and therefore lacks standing to take any kind of lawful action to expel the NG from said hotels. Quartering demands the owner's consent, not the consent of the local mayor.
(Reposted with the stupid error corrected. Unlike some commenters here, Quaestor acknowledges and redressed his errors, however few they may be.)
well they're protecting their reliable voters, is job one,
https://www.frontpagemag.com/fpm/2020/06/new-york-and-california-freed-thousands-criminals-daniel-greenfield/
Ingratitude may be Constitutionally protected, but that doesn't make it admirable.
Same for Inga-ratitude.
How many troops can Trump's hotel in DC accommodate?
263 rooms and suites. Assuming a mean capacity of four per room (a big assumption given the fire codes) that hardly enough unless the troops drive tanks and use live ammunition.
This suggests non sequitur should be trending.
Non sequitur has been trending since the Port Huron Statement.
A bit off topic, but related. In peacetime, the NG contingents in each state are designed and structured by HQs Army, but under control of the State Adjutant General, a 2 star billet, appointed by the Governor. The Gov is the "Commander in Chief" of his/her NG. If the Gov activates them he pays, unless the Feds declare an emergency, then the Feds pick up the bill, but control stays with the States. However, if the Feds Federalize the NG units, as they do when the Guard goes OCONUS, control is chopped to an Active Army Command.
However, in the case of DC, the Mayor is not the Boss. The Commander of the DC NG is the POTUS. Johnson o Nixon didn't trust DC Mayors. The DC Mayor has no control of the DC NG.
The DC Guard, is heavily weighted toward MP units, for exactly this issue.
(source, ex-wife, former DC NG Colonel, plus my own service at HQs Army, doing force design work)
Looking for a possible upside, let the rioters completely demolish DC and Trump can have the federal government reassemble in Springfield Missouri or some such mid-continent place. This might cause them to lose a lot of dead wood.
Putting on my best tinfoil bonnet and studying the effect carefully in my magic mirror, I Cassandra, now sally forth. Studying the cards in my dream last night, I saw that only one day stands between our big cities as they are and our big cities as burning wrecks. I saw that only a thin blue line of heroes stands between us and that outcome. I saw that the mayors have denied the thin blue line the use of weapons, the use of tear gas, the protection of helmets and shields. I saw that night by night twenty or a hundred are injured and I saw that at least four have died. In my dream I cried out so loud: The plan was that these brave men and women, under these conditions, would break and run or disobey orders and shoot; and then the anarchists would burn the cities down while the Communists called for a new police department. Instead the blue line held. And studying the cards I asked myself when have I seen this kind of violent anarchy associated with protests and with the stand down of needed protective forces. I last saw this kind of organization at Benghazi when Obama was President and Hillary was Secretary of State. In my dream I ... awoke. Was it a vision or a waking dream? Do I wake or sleep?
The Guard says it is paying the government rate, which is reportedly around $250 per diem in the District.
$256 'til the end of June, then it drops in the heat to $169. Taxes can be put on top of that as well, though, so the Govt rate might actually be more like $300+. I wonder if the Guard negotiated better rates than Govt per diem. I hope so.
The Third Amendment is a distraction. Does the mayor have the power to kick the guard out of all DC hotels?
This sounds like another good reason to start moving bureaucrats out of DC for their safety. Maybe red cities as they are safer.
wendybar said...Like I have been saying....let them burn their cities down. I don't give a shit anymore. Come and get me...I'll be waiting.
For most of us this is just scripted theater. The purpose of the theater is to force reasonable liberals further to the Left, just like it was in the 60's.
How many people here have been materially affected by the riots?
I live in a northern suburb of Tucson within a gated community. We can protect ourselves and will. The police mostly write very expensive speeding tickets which they do with great politeness. The tickets are a major source of town funding. If we defund the Police, we defund the Town.
furthermore,
https://meaninginhistory.blogspot.com/2020/06/food-for-thought-excited-delerium.html
Does the DC mayor own those hotel rooms? I'm confused as to why the Third Amendment matters here.
I love the suggestion, Laslo!
How many blacks are killed every year over shoes, and how many are killed by police? The answer is “not nearly enough “.
Mayor Bowwow can't even count to three.
The hotels' owners are being paid, are they not? This has nothing to do with the 3rd Amendment.
The mask has come completely off, hasn't it? Bowwow's only complaint here is that the National Guardsmen have actually shut down the rioting and the looting for three days now, long before D.C. became Minneapolis.
It really is almost like some Democrats are literally doing everything they can do to get Trump reëlected. It is difficult for me to wrap my mind around how Bowwow could be this stupid.
This is why home rule for the District of Columbia was always a bad idea.
This is really bizarre. 3rd seems pretty clear about not doing it without compensation. Doesn't even prohibit forcing the housing of troops, just that govt has to compensate the homeowner.
In any event, over the past week we've seen a lot of kabuki about troops. First they're in, then they're out, then in again. Leaks say that Esper and PDJT are at odds whether to use troops and how.
In the meantime, while everyone is distracted by the troop kabuki:
-Three Men Face Federal Arson Charges for Setting Fire to Police Patrol Vehicle During Protest in Downtown Las Vegas
-PEORIA, Ill. – A Peoria, Ill., man, Ca’Quintez Gibson, 26, has been arrested and charged by criminal complaint with using the internet to incite rioting in Peoria beginning on May 31 and ending June 1, 2020.
-PHOENIX, Ariz. – Loren Reed, 26, of Page, Arizona, was arrested on Tuesday, June 2, and charged in a complaint with a violation of Title 18, United States Code, Section 844(e) for using the internet and telephone to willfully threaten to unlawfully damage or destroy a building by fire. Reed appeared on the charges today before United States Magistrate Judge Camille Bibles of the District of Arizona.
-BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr., announced today that a federal grand jury has returned an indictment charging Deyanna Davis, 30, Semaj Pigram, 25, and Walter Stewart, 28, all of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison.
Not state, not local, federal. Note that 2 of them were not even charged with being present, but for internet and telephone incitement.
Sounds like Barr isn't playing.
John Henry
And while the troop kabuki is going on, we might think about all the SWAT teams in various federal agencies. I think that something like 100 federal agencies, under the president, have SWAT teams. Some of them seem legitimate like the FBI, Marshalls, DEA. Others, like the Railway Retirement Board seem a bit sketchy.
I've been concerned about this proliferation. Now it seems like it might pay off.
Apparently, while everyone is spun up about the troops PDJT has been collecting SWAT teams and assigning them to the DOJ. These are federal law enforcement officers. The Dept of Agriculture SWAT team is mainly concerned with enforcing agriculture laws but are sworn to enforce ALL federal laws.
He may have a force of as many as 10,000 that can be deployed to cities as needed. Since they are federal officers, cities and states have no authority over them. They can't be forced to help but if they try to hinder, they would be guilty of a federal crime.
These folks are being deployed both kitted up and in plainclothes. They will arrest, on federal charges, anyone committing a federal crime. Since the terrorism law is in effect, this paints with a pretty broad brush.
I suspect that the plan is to focus on organizers and leaders, snatch them up and take them somewhere else for processing. I suspect that interrogation may be in the cards as well.
So don't worry too much about NG and troops. PDJT probably never wanted to use them. The optics of troops facing down citizens is not good.
But agents snatching up organizers and leaders and perps with nobody noticing? Sounds good to me.
I think PDJT has got this handled.
John Henry
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
And has absolutely nothing at all whatsoever to do with where troops are deployed or used.
Danoso, at 0654f, said:
"What an f'ed up country we've become."
True enough, but my first pass read was,
"What an fed up country we've become."
We are both correct.
Do these lefties ever get anything right? They can't even read a simple sentence?
Before I have contaminated by understanding by reading what others have said I will spell out my naïve understanding of the third amendment. The third amendment is a restriction on the government ability to take things from private citizens. Unfortunately it only specifically prevents the government from taking the use of people's houses, but of course in the British Empire, at that time, that was a problem.
But is this a case of a motel deny service to members of the National Guard? Or is it a major telling the motels to deny service?
If the first situation, is it legal for motel to deny service to some and not others on this basis?
If the second situation, isn't that a violation of the 3rd amendment by the mayor?
Now I will go check to see if I've misunderstood what is being talked about ;)
"You Republican Senators should really try reading the Constitution once, instead of just using it for toilet paper."
Because we all know there's no one who reverences the Constitution like a "progressive." Sure, last week it was an outmoded document that needed to be jettisoned but that was last week. Try to keep up with the party line, comrades.
Observation from Chicago: a lot of the National Guard troops in the Gold Coast (they are here to support the police) appear to be attractive young women--at least those on patrol during daylight hours. The Illinois National Guard could be a great place to meet girls.
Like I have been saying....let them burn their cities down. I don't give a shit anymore. Come and get me...I'll be waiting.
Egg. Zactly.
If the military i.e. the government is paying for their hotel rooms then it is not a third amendment issue. I am puzzled because if a cake maker has to make a cake for anybody who shows up at the door why does a hotelier get to refuse service to someone who is going to pay the bill?
How many people here have been materially affected by the riots?
I haven't been materially affected by COVID, and to the extent I've been ancillary affected, it is about the same. I know of people that came close to the riots and were concerned. I can see that they are real enough. But it is not hurting me and doubtful that they could.
Alas I too live in a gated community with one neighbor being a Hispanic family, two homes across the street are owned by black families (that will tell you how they fled blue areas), and then a nice family from eastern Europe (that will tell you how they fled socialism).
Oh and I see WTI Crude posting, and look at that, the price is closing near $40bbl. I'd say it has been a good week.
Sounds great to me. Pull those troop out. And the next time DC starts to burn, let it burn. Protect the White House, Protect Republicans, and things Republicans control, and let everything else burn.
I'm not going to take my business to any place where they've "abolished the police". but if they want to descend into hell, I invite them to do so
If any lives mattered to Democrat leaders, they would encourage peace, instead of more violence. Removing the National Guard from DC encourages more violence.
Pulling out and/or disarming the National guard will encourage rioters to attempt to breach the White House fence, which they were doing prior to the National guard showing up. This increases the chance that someone will be shot and killed by the secret service. The Dem leaders know this. They want more dead people. They disgust me.
The Constitution means only what the Left misunderstands it to mean.
DC is federal territory. DC laws are followed by federal officials only as a forbearance and can be set aside when needed. They didn't even have a city government until congress got tired to getting involved in their petty squabbles.
IANAL, but I think the third amendment (it's so weird typing that--third amendment; whoever talks about the third amendment?) bans the government from forcing a citizen to quarter soldiers in his house.
Can we have an honest conversation about the president without the hyperbole?
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